ch the victim or intended victim is a minor or is believed by that person to be a minor.(2) A person who violates this section is guilty of a crime as follows:(a) If the underlying crime is a misdemeanor or a felony with a maximum term of imprisonment of less than 1 year, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $5,000.00,